Iredell Water Corporation v. City of Statesville
Plaintiff: Iredell Water Corporation
Defendant: City of Statesville
Case Number: 5:2021cv00132
Filed: September 2, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: Kenneth D Bell
Referring Judge: David S Cayer
2 Judge: Susan C Rodriguez
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2023 Opinion or Order Filing 64 Joint MOTION for Extension of Time To File Dispositive Motions and for Continuance of Trial by Iredell Water Corporation. Responses due by 6/2/2023 (Ross, Adam). Motions referred to Susan C. Rodriguez.
May 19, 2023 Opinion or Order TEXT-ONLY ORDER granting #64 Joint MOTION for Extension of Time To File Dispositive Motions and for Continuance of Trial. Discovery due by 6/22/2023. Jury Trial set for 9/18/2023 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 5/19/2023. (DLG)
April 24, 2023 Opinion or Order Reset Pretrial Order Deadline:Dispositive Motions due by 5/22/2023 pursuant to Text-Only Order entered on 4/20/2023. (mek)
April 20, 2023 Opinion or Order Filing 63 Joint MOTION to Stay Action, or Alternatively, Extend Dispositive Motion Deadline by Iredell Water Corporation. Responses due by 5/4/2023 (Ross, Adam). Motions referred to Susan C. Rodriguez.
April 20, 2023 Opinion or Order TEXT-ONLY ORDER granting #63 Motion to Extend Scheduling Order Deadlines. Dispositive motions due by 5/22/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/20/2023. (DLG)
April 4, 2023 Opinion or Order Case reassigned to Magistrate Judge Susan C. Rodriguez as referral judge. Magistrate Judge David S. Cayer no longer assigned to the case. This is your only notice - you will not receive a separate document. (maf)
March 23, 2023 Opinion or Order Filing 62 Joint MOTION for Extension of Time of Dispositive Motion Deadline by City of Statesville. Responses due by 4/6/2023 (Kutny, Mark). Motions referred to David S. Cayer.
March 23, 2023 Opinion or Order TEXT-ONLY ORDER granting #62 Joint MOTION for Extension of Time of Dispositive Motion Deadline. Motions due by 4/21/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/23/2023. (DLG)
March 7, 2023 Opinion or Order Filing 61 Joint MOTION for Extension of Time of Scheduling Order Deadlines RE Dispositive Motion Deadline by Iredell Water Corporation. Responses due by 3/21/2023 (Ross, Adam). Motions referred to David S. Cayer.
March 7, 2023 Opinion or Order TEXT-ONLY ORDER granting #61 Joint MOTION for Extension of Time of Scheduling Order Deadlines re Dispositive Motion Deadline. Motions due by 3/28/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/7/2023. (DLG)
February 17, 2023 Opinion or Order Filing 60 Joint MOTION for Extension of Time of Scheduling Order Deadlines Dispositive Motion Deadline by City of Statesville. Responses due by 3/3/2023 (Kutny, Mark). Motions referred to David S. Cayer.
February 17, 2023 Opinion or Order TEXT-ONLY ORDER granting #60 Joint MOTION for Extension of Dispositive Motion Deadline. Motions due by 3/14/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/17/2023. (DLG)
January 5, 2023 Opinion or Order Filing 59 Joint MOTION for Extension of Time of Mediation Deadline by City of Statesville. Responses due by 1/19/2023 (Kutny, Mark). Motions referred to David S. Cayer.
January 5, 2023 Opinion or Order TEXT-ONLY ORDER granting #59 Joint MOTION for Extension of Time of Mediation Deadline. Mediation deadline set for 2/28/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/5/2023. (DLG)
September 28, 2022 Opinion or Order Filing 58 ORDER granting in part and denying in part #47 Motion to Dismiss as follows: Claims that arose from annexation and curtailment before September 2, 2018, are time-barred and are dismissed; and Plaintiff's remaining claims may continue as described herein in the absence of a voluntary resolution of this dispute among the parties. Signed by District Judge Kenneth D. Bell on 9/28/2022. (mek)
September 13, 2022 Opinion or Order Filing 57 REPLY to Response to Motion re #47 MOTION to Dismiss Plaintiff's First Amended Complaint by City of Statesville. (Kutny, Mark)
September 13, 2022 Opinion or Order Filing 56 ANSWER to #49 Amended Counterclaim by Iredell Water Corporation.(Ross, Adam)
September 2, 2022 Opinion or Order Filing 55 Consent MOTION for Extension of Time to File Response/Reply re: #47 MOTION to Dismiss Plaintiff's First Amended Complaint by City of Statesville. Responses due by 9/16/2022 (Kutny, Mark). Motions referred to David S. Cayer.
September 2, 2022 Opinion or Order TEXT-ONLY ORDER granting #55 Consent MOTION for Extension of Time to File Reply re: #47 MOTION to Dismiss. Replies due by 9/13/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/2/2022. (DLG)
August 30, 2022 Opinion or Order Filing 54 AMENDED ANSWER to Iredell Water Corporation's #45 Amended Complaint, by City of Statesville. (Attachments: #1 Exhibit Ex. A - IWC Service Map, #2 Exhibit Ex. B - IWC Service Map)(Kutny, Mark)
August 30, 2022 Opinion or Order Filing 53 MEMORANDUM in Opposition re #47 MOTION to Dismiss Plaintiff's First Amended Complaint by Iredell Water Corporation. Replies due by 9/6/2022 (Attachments: #1 Exhibit Declaration)(Harris, Steven)
August 29, 2022 Opinion or Order Filing 52 Consent MOTION for Extension of Time to Respond to Discovery Requests by City of Statesville. Responses due by 9/12/2022 (Kutny, Mark). Motions referred to David S. Cayer.
August 29, 2022 Opinion or Order TEXT-ONLY ORDER granting #52 Consent MOTION for Extension of Time to Respond to Discovery Requests. Discovery responses due 10/6/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/29/2022. (DLG)
August 26, 2022 Opinion or Order Set/Reset Pretrial Order Deadlines: Discovery due by 1/15/2023. Mediation deadline set for 1/15/2023. Motions due by 3/1/2023. (brl)
August 22, 2022 Opinion or Order Filing 51 MOTION to Amend/Correct #14 Scheduling Order, by City of Statesville. Responses due by 9/6/2022 (Kutny, Mark). Motions referred to David S. Cayer.
August 22, 2022 Opinion or Order TEXT-ONLY ORDER granting in part and denying in part #51 Motion to Amend Scheduling Order deadlines. Defendant's expert reports due 10/15/2022. Rebuttal expert reports due 11/15/2022. Mediation due 1/15/2023. Discovery due 1/15/2023. Dispositive motions due 3/1/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/22/2022. (DLG)
August 17, 2022 Opinion or Order Filing 50 Consent MOTION for Extension of Time to File Response/Reply re: #47 MOTION to Dismiss Plaintiff's First Amended Complaint by Iredell Water Corporation. Responses due by 8/31/2022 (Ross, Adam). Motions referred to David S. Cayer.
August 17, 2022 Opinion or Order TEXT-ONLY ORDER granting #50 Consent MOTION for Extension of Time to File Response re: #47 MOTION to Dismiss. Responses due by 9/2/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/17/2022. (DLG)
August 9, 2022 Opinion or Order Filing 49 ANSWER to #45 Amended Complaint , COUNTERCLAIM against Iredell Water Corporation by City of Statesville.(Kutny, Mark)
August 9, 2022 Opinion or Order Filing 48 MEMORANDUM in Support re #47 MOTION to Dismiss Plaintiff's First Amended Complaint by City of Statesville. (Attachments: #1 Exhibit Ex. A - IWC Service Map)(Kutny, Mark)
August 9, 2022 Opinion or Order Filing 47 MOTION to Dismiss Plaintiff's First Amended Complaint by City of Statesville. Responses due by 8/23/2022 (Kutny, Mark). Modified on 8/9/2022 to remove referral (mek).
July 28, 2022 Opinion or Order Filing 46 Consent MOTION for Extension of Time to Answer re: #45 Amended Complaint by City of Statesville. (Kutny, Mark). Motions referred to David S. Cayer.
July 28, 2022 Opinion or Order TEXT-ONLY ORDER granting #46 Consent MOTION for Extension of Time to Answer re: #45 Amended Complaint. City of Statesville's answer due 8/9/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/28/2022. (DLG)
July 19, 2022 Opinion or Order Filing 45 AMENDED COMPLAINT with Jury Demand against City of Statesville, filed by Iredell Water Corporation.(Ross, Adam)
July 18, 2022 Opinion or Order Filing 44 ORDER granting Plaintiff's #40 Motion to Amend its Complaint. Signed by District Judge Kenneth D. Bell on 7/18/2022. (ejb)
July 5, 2022 Opinion or Order Filing 43 REPLY to Response to Motion re #40 MOTION to Amend/Correct #1 Complaint by Iredell Water Corporation. (Harris, Steven)
June 29, 2022 Opinion or Order Filing 42 MEMORANDUM in Opposition re #40 MOTION to Amend/Correct #1 Complaint by City of Statesville. Replies due by 7/6/2022 (Kutny, Mark)
June 15, 2022 Opinion or Order Filing 41 MEMORANDUM in Support re #40 MOTION to Amend/Correct #1 Complaint by Iredell Water Corporation. (Ross, Adam)
June 15, 2022 Opinion or Order Filing 40 MOTION to Amend/Correct #1 Complaint by Iredell Water Corporation. Responses due by 6/29/2022 (Attachments: #1 Exhibit 1 - Proposed First Amended Complaint) (Ross, Adam). Motion no longer referred to David S. Cayer. Modified to remove referral on 7/5/2022 (nvc).
May 11, 2022 Opinion or Order Filing 39 Amendment to #18 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 5/11/2022. (mek)
May 10, 2022 Opinion or Order Filing 38 Joint MOTION to Amend/Correct #18 Protective Order by Iredell Water Corporation. Responses due by 5/24/2022 (Attachments: #1 Exhibit A-Proposed Order) (Ross, Adam). Motions referred to David S. Cayer.
April 25, 2022 Opinion or Order Filing 37 ORDER that: (1) Plaintiff's #23 Motion for Partial Summary Judgment is GRANTED as follows: (a) IWC is an "association" under the CFRDA; (b) Defendant's counterclaim count two is dismissed; and (c) Affirmative Defenses one (Failure to State a Claim), two (Standing), three (Statute of Limitations), five (Failure to Mitigate), six (No Right to Provide Water), seven (Adequate Facilities), eight (First Amendment), nine (Tenth Amendment), ten (Spending Clause), and eleven (Reservation) are dismissed. (2) Plaintiff's #23 Motion for Partial Summary Judgment, is DENIED with respect to all other arguments. Signed by District Judge Kenneth D. Bell on 4/25/2022. (ejb)
April 14, 2022 Opinion or Order Filing 36 STATUS REPORT by Iredell Water Corporation. re: #31 Order on Motion for Partial Summary Judgment, Court Ordered Report (Attachments: #1 Exhibit Maps)(Harris, Steven) Modified text on 4/18/2022 (nvc).
April 14, 2022 Opinion or Order Filing 35 STATUS REPORT by City of Statesville (Kutny, Mark)
April 12, 2022 Opinion or Order Filing 34 ORDER denying Plaintiff's #32 Motion for Reconsideration. Signed by District Judge Kenneth D. Bell on 4/12/2022. (brl)
April 8, 2022 Opinion or Order Filing 33 MEMORANDUM in Support re #32 MOTION for Reconsideration re #31 Order on Motion for Partial Summary Judgment, Pursuant to Fed.R.Civ.P. 54(b) by Iredell Water Corporation. (Harris, Steven)
April 8, 2022 Opinion or Order Filing 32 MOTION for Reconsideration re #31 Order on Motion for Partial Summary Judgment, Pursuant to Fed.R.Civ.P. 54(b) by Iredell Water Corporation. Responses due by 4/22/2022 (Harris, Steven). Modified on 4/8/2022 to remove referral (mek).
March 25, 2022 Opinion or Order Filing 31 ORDER granting Defendant's #24 Motion for Partial Summary Judgment. Within 21-days, the Parties are directed to inform the Court which of their respective remaining claims and defenses and what they believe remains to be decided by the Court re: Plaintiff's #23 Motion for Partial Summary Judgment. Signed by District Judge Kenneth D. Bell on 3/25/2022. (nvc)
March 21, 2022 Opinion or Order Filing 30 REPLY to Response to Motion re #23 MOTION for Partial Summary Judgment by Iredell Water Corporation. (Attachments: #1 Exhibit Minute Book, #2 Exhibit Sloan Declaration)(Harris, Steven)
March 15, 2022 Opinion or Order Filing 29 RESPONSE in Support re #24 MOTION for Partial Summary Judgment by City of Statesville. (Kutny, Mark)
March 14, 2022 Opinion or Order Filing 28 AFFIDAVIT in Opposition re #23 MOTION for Partial Summary Judgment by City of Statesville. Replies due by 3/21/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kutny, Mark)
March 14, 2022 Opinion or Order Filing 27 MEMORANDUM in Opposition re #23 MOTION for Partial Summary Judgment by City of Statesville. Replies due by 3/21/2022 (Kutny, Mark)
March 8, 2022 Opinion or Order Filing 26 MEMORANDUM in Opposition re #24 MOTION for Partial Summary Judgment by Iredell Water Corporation. Replies due by 3/15/2022 (Ross, Adam)
February 28, 2022 Opinion or Order Filing 25 MEMORANDUM in Support re #24 MOTION for Partial Summary Judgment by City of Statesville. (Kutny, Mark)
February 28, 2022 Opinion or Order Filing 24 MOTION for Partial Summary Judgment by City of Statesville. Responses due by 3/14/2022 (Kutny, Mark)
February 28, 2022 Opinion or Order Filing 23 MOTION for Partial Summary Judgment by Iredell Water Corporation. Responses due by 3/14/2022 (Attachments: #1 Exhibit 1-Declaration of Gary Daniel Sloan with Exhibits A-Z, #2 Exhibit 2-Articles of Incorporation, #3 Memorandum Memo of Law in Support of Plaintiff's Partial Motion for Summary Judgment) (Ross, Adam)
February 22, 2022 Opinion or Order TEXT-ONLY ORDER granting #21 Motion for Leave to File Partial Summary Judgment. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/22/2022. (DLG)
February 22, 2022 Opinion or Order Motion referred to David S. Cayer.: #21 MOTION for Leave to File (tlj)
February 21, 2022 Opinion or Order Filing 22 DESIGNATION of M. Gray Styers, Jr. as Mediator by all the parties. (Ross, Adam)
February 21, 2022 Opinion or Order Filing 21 MOTION for Leave to File Partial Summary Judgment by City of Statesville. Responses due by 3/7/2022 (Kutny, Mark) Modified event and docket text on 2/22/2022 (tlj).
February 17, 2022 Opinion or Order Filing 20 Consent MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Motion for Partial Summary Judgment by Iredell Water Corporation. Responses due by 3/3/2022 (Ross, Adam). Motions referred to David S. Cayer.
February 17, 2022 Opinion or Order TEXT-ONLY ORDER granting #19 Motion for Leave to File Partial Motion for Summary Judgment. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/17/2022. (DLG)
February 17, 2022 Opinion or Order TEXT-ONLY ORDER denying #20 Motion for Leave to File Excess Pages. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/17/2022. (DLG)
February 16, 2022 Opinion or Order Filing 19 MOTION for Leave to File a Partial Motion for Summary Judgment by Iredell Water Corporation. Responses due by 3/2/2022 (Harris, Steven). Motions referred to David S. Cayer.
February 4, 2022 Opinion or Order Filing 18 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 2/4/2022. (mek)
February 4, 2022 Opinion or Order Filing 17 Joint MOTION for Protective Order by City of Statesville. Responses due by 2/18/2022 (Attachments: #1 Proposed Order) (Kutny, Mark). Motions referred to David S. Cayer.
January 26, 2022 Opinion or Order Filing 16 Consent MOTION for Extension of Time to Respond to Discovery Requests by City of Statesville. Responses due by 2/9/2022 (Attachments: #1 Proposed Order Defendants Proposed Order on Motion for Extension of Time) (Kutny, Mark). Motions referred to David S. Cayer.
January 26, 2022 Opinion or Order TEXT-ONLY ORDER granting #16 Consent MOTION for Extension of Time to Respond to Discovery Requests. Responses to First Request for Production ofDocuments due by 3/7/2022, and responses to First Set of Interrogatories due by 3/14/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/26/2022. (DLG)
December 21, 2021 Opinion or Order Filing 15 Document Deleted. Duplicate of Doc. No. #14 . Modified on 12/21/2021, NEF Regenerated (tms).
December 21, 2021 Opinion or Order Filing 14 Pretrial Order and Case Management Plan: Discovery due by 11/15/2022. Motions due by 12/30/2022. Mediator Designation deadline set for 2/18/2022. Mediation deadline set for 11/15/2022. Jury Trial set for 7/17/2023 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Signed by Magistrate Judge David S. Cayer on 12/21/21. (mga) (Main Document 14 replaced on 12/21/2021) (tms).
December 17, 2021 Opinion or Order Filing 13 Joint CERTIFICATION of initial attorney conference and discovery plan (Kutny, Mark)
December 13, 2021 Opinion or Order Filing 12 FIRST AMENDED ANSWER to #9 Answer to Complaint, Counterclaim by Iredell Water Corporation.(Ross, Adam)
November 29, 2021 Opinion or Order NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 12/20/2021. (nvc)
November 24, 2021 Opinion or Order Filing 11 Plaintiff's ANSWER to #9 Answer to Complaint, Counterclaim and Affirmative Defenses. by Iredell Water Corporation.(Ross, Adam)
November 15, 2021 Opinion or Order Filing 10 NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Kutny, Mark)
November 15, 2021 Opinion or Order Filing 9 ANSWER to Complaint , COUNTERCLAIM against Iredell Water Corporation by City of Statesville.(Kutny, Mark)
September 21, 2021 Opinion or Order Filing 8 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice added Steven M. Harris for Iredell Water Corporation; granting #6 Motion for Leave to Appear Pro Hac Vice added S. Max Harris for Iredell Water Corporation; granting #7 Motion for Leave to Appear Pro Hac Vice added Michael D. Davis for Iredell Water Corporation (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 9/21/2021. (mek)
September 21, 2021 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Michael D. Davis Filing fee $ 288, receipt number ANCWDC-5229221. by Iredell Water Corporation. (Attachments: #1 Exhibit Ex. 1 - Jurisdiction Detail) (Ross, Adam). Motions referred to David S. Cayer.
September 21, 2021 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice as to S. Max Harris Filing fee $ 288, receipt number ANCWDC-5229197. by Iredell Water Corporation. (Attachments: #1 Exhibit Ex. 1 - Jurisdiction Detail, #2 Exhibit Ex. 2 - Para#4 Detail with Lynch v Whitney) (Ross, Adam). Motions referred to David S. Cayer.
September 21, 2021 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Steven M. Harris Filing fee $ 288, receipt number ANCWDC-5229150. by Iredell Water Corporation. (Attachments: #1 Exhibit Ex. 1 - Jurisdiction Detail, #2 Exhibit Ex. 2 - Para#4 Detail with Lynch v Whitney) (Ross, Adam). Motions referred to David S. Cayer.
September 21, 2021 Opinion or Order Notice to Michael D. Davis: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 9/28/2021. (mek)
September 21, 2021 Opinion or Order Notice to S. Max Harris: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 9/28/2021. (mek)
September 21, 2021 Opinion or Order Notice to Steven M. Harris: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 9/28/2021. (mek)
September 20, 2021 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by Iredell Water Corporation. City of Statesville waiver sent on 9/14/2021, answer due 11/15/2021. (Ross, Adam)
September 3, 2021 Opinion or Order Filing 3 Summons Issued Electronically as to City of Statesville. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tmg)
September 3, 2021 Opinion or Order Case assigned to District Judge Kenneth D. Bell and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (tmg)
September 3, 2021 Opinion or Order Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. The filing party is directed to serve a copy of the Order with service. (tmg)
September 2, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by Iredell Water Corporation (Ross, Adam)
September 2, 2021 Opinion or Order Filing 1 COMPLAINT against City of Statesville with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5201543), filed by Iredell Water Corporation. (Attachments: #1 Cover Sheet)(Ross, Adam)

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Plaintiff: Iredell Water Corporation
Represented By: Adam L. Ross
Represented By: Michael D. Davis
Represented By: Steven M. Harris
Represented By: Steven Max Harris
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Defendant: City of Statesville
Represented By: Leah Gaines Messick
Represented By: Mark Raymond Kutny
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